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DeCOSTER v. FRANKLIN COUNTY

No. 91-1525.

497 N.W.2d 849 (1993)

A.J. DeCOSTER, Appellant, v. FRANKLIN COUNTY, Iowa; E.R. Loebig, Franklin County Zoning Administrator; Jack Eno, Douglas Symens, William Hamilton, Donald Farrer, and James Van Hove, As Members of the Franklin County Board of Adjustment; William Jurgens, Edward Brass, and Verner Heilskov, Franklin County Board of Supervisors, Appellees.

Supreme Court of Iowa.

As Corrected March 31, 1993.

Attorney(s) appearing for the Case

G.A. Cady III of Hobson, Cady & Cady, Hampton, for appellant.

James M. Drew, County Atty., and Raymond P. Drew, Hampton, for appellees.

Eldon L. McAfee of Beving, Swanson & Forrest, P.C., Des Moines, for amicus curiae Iowa Pork Producers Ass'n.

Considered by LARSON, P.J., and SCHULTZ, LAVORATO, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

This is a declaratory judgment action to determine whether the State, Franklin County, or both have jurisdiction to regulate the construction of a livestock waste storage basin. The district court held that concurrent jurisdiction applies. We reverse and remand.

Plaintiff, A.J. DeCoster, petitioned for a declaratory judgment to determine the regulations applicable to the construction of a livestock waste storage basin. DeCoster purchased approximately...

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